Asbestos Litigation
A substantial amount of asbestos litigation has been handled by courts across the country. Research has proven that exposure to asbestos can cause lung damage and cause disease.
An attorney must be able identify asbestos in each case. This can be done by chatting with colleagues, obtaining records, and taking samples from homes or work sites.
Liability
If you or a loved one is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation may help pay for lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. You may choose to make a claim or offer an offer of settlement to the defendants.
There are usually several defendants in an asbestos-related case due to the numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted as employers could also be liable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that permit damages to be awarded against sellers of products if those products cause injury to. In a suit for product liability where the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately warned about the risks associated with the products.
In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a myriad of illnesses. Companies who concealed asbestos-related risks to make profits were accused of cover-up, as they tried to thwart claims and stop workers from seeking an amount of compensation for their injuries.
If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the burden of responsibility among them in a process known as allocation. The apportionment process does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatments for their disease, as well as lost wages because of being unable to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to inform consumers and workers about the risk.
An asbestos lawsuit can be filed by a victim or estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes like emotional distress or pain and suffering and loss of enjoyment the life of. Family members of someone who died due to an asbestos-related condition can bring a wrongful death lawsuit.
After an asbestos lawsuit is filed, both sides share information in the process known as discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.
It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family selects should have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.
The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to secure the maximum amount of compensation to our clients.
If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via email or phone today to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them to dangerous substances. cicero asbestos attorneys is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can help cover the suffering and pain.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come with a verdict at trial. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form of internal memos, corporate documents and statements of former employees who have been exposed to asbestos-containing materials. These documents usually show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.
A number of states have set a limit, also known as a statute of limitations, for how long asbestos victims can sue. The durations vary by state, but typically vary between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to be compensated.
The amount victims will receive is contingent upon their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds created for those diagnosed with mesothelioma as well as other asbestos-related diseases.
Some trusts are exhausted, but others continue to pay out huge amounts of money. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and whether the victim's condition was caused by a specific exposure.
In a trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses as well as loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma cases, jury verdicts cases have risen significantly and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal right in a courtroom open to the public. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true if someone has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of companies, products, and the locations.
There is a growing concern that the cost of settling claims of asbestos victims from the past can drain funds that could be used to fund future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.
The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.